State v. McDaniel

Briscoe, C.J.:

Patricia McDaniel appeals the denial of motions to modify sentences imposed following her pleas of guilty to possession of cocaine (K.S.A. 65-4127a) and failure to wear a seat belt (K.S.A. 8-2503). We apply a harmless error standard to the State’s breach of the plea agreement at the hearing on the motion to modify and reverse and remand for rehearing on both motions to modify.

The sole issue presented is whether the State’s admitted breach of its agreement to recommend alternative placement at the hearing on the motion to modify the sentence for her first conviction is harmless…